In Texas, a suit for custody requires a court to allocate certain rights and duties between parents, including the right to make decisions regarding the child’s education. This can be a contentious issue, particularly when a child has special needs.

Generally, there are three ways a court will allocate this right: exclusively, independently, or subject to agreement.

Issues arise with all three.

Independent

For instance, the independent right to make decisions about the child’s education will only work as long as the parents agree. If a disagreement arises, the parents will likely find themselves back in court because the school will have conflicting positions.

Agreement

A court’s decision to allocate this right by agreement only sounds good and may work very well; however, again, parents are likely to find themselves back in court should a disagreement arise. “Tie-breakers” can be a useful tool in this situation to prevent further litigation, but be weary of “tie-breakers” that require school involvement. For example, if mom and dad cannot agree on an educational decision, then they will follow the recommendations of the school counselor. School officials are unlikely to get involved and, therefore, this type of arrangement could ultimately lead the parties back to the courthouse.

Exclusive

Finally, awarding the right to make decisions regarding the child’s education to one parent exclusively can lead to a “power struggle” where one parent feels left out while the other parent holds his or her exclusive right over the other’s head. This arrangement does not encourage cooperation and co-parenting and, consequently, can result in a greater likelihood that the parties will find themselves back in court.

Should you find yourself in this situation, it is important to work closely with your lawyer to develop a creative solution to the problem – hopefully one that will encourage co-parenting and reduce the possibility of future litigation.

Remember, ultimately, the standard for who makes the educational decisions and how is based on the best interest of the child.

The Law Office of Joshua Coffman is excited to announce that Super Lawyers selected attorney Joshua Coffman as a 2016 Texas Super Lawyer Rising Star. This is Joshua’s third year in a row to be recognized as a Rising Star attorney.

Super Lawyers is a “research-driven, peer-influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.” Super Lawyers’ mission is to “provide visibility to attorneys who exhibit excellence in the practice of law.”

Joshua is thankful for the support of his outstanding paralegal Nancy Coffman, family, friends, and loyal clients who all helped to make this recognition possible.

To see this year’s list of Super Lawyer Rising Stars, pick up a copy of the April edition of Texas Monthly magazine.

What is the difference between community property and separate property and why is it important in a divorce?

Texas uses a community-property system to govern the property rights of married people.

Community Property

Community property is the property acquired by either spouse during the marriage. Examples of community property can include cash on hand, a house or other type of real property interest, motor vehicles, insurance policies, investments, business interests, and retirement, such as a 401(k) or company pension plan.

Separate Property

Separate property generally consists of the following:

Property owned before the marriage (e.g., a house bought before the marriage);

Property acquired by gift (e.g., an engagement ring); or an

Inheritance.

Dividing Property

In Texas, courts divide the community property of the marriage upon divorce. However, courts are prohibited from dividing a party’s separate property, which is why the distinction can be so important in a divorce proceeding.

How is child support calculated?

One of the most frequently asked questions in the family law context concerns the calculation of child support. To calculate child support in Texas, the law provides a three-step process:

1. Determine “net resources”
2. Apply the child support guidelines to the “net resources” to determine the amount of support
3. Consider any other factors that might justify deviating from the guidelines and adjust the support as appropriate

Net Resources

The focus of this blog post will be on the calculation of “net resources,” which is often the most confusing issue among the three steps listed above. So, how does one calculate “net resources?”

Next, the court will subtract certain items. The most common deductions include federal income taxes, social security taxes, and the cost of the child’s health insurance, i.e., his/her premiums. It is important to note that the figure used for federal income taxes is not always the exact amount paid, but rather, the rate for a single person claiming one personal deduction, as well as the standard deduction.

After taking the appropriate deductions, divide by 12 to arrive at the “monthly net resources.” This completes step one of the process of calculating child support.